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U.S. UNDERWRITERS INS. CO. v. LIBERTY MUT. INS.

No. 95-1558.

80 F.3d 90 (1996)

U.S. UNDERWRITERS INSURANCE CO.; Maryland Casualty Company v. LIBERTY MUTUAL INSURANCE COMPANY; Perloff Brothers, Inc. a/k/a Perloff, Inc., Liberty Mutual Insurance Company and their insured, Perloff Brothers, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Decided March 22, 1996.

Rehearing Denied April 22, 1996.

Attorney(s) appearing for the Case

Bernard E. Jude Quinn (argued), German, Gallagher & Murtagh, Philadelphia, PA, for Appellee U.S. Underwriters Ins.

Christopher P. Seerveld (argued), Post & Schell, Philadelphia, PA, for Appellee Maryland Casualty.

Andrew B. Klaber, (argued), Weber, Goldstein, Greenberg & Gallagher, Philadelphia, PA, for Appellants.

Before SLOVITER, Chief Judge, ROTH and SAROKIN, Circuit Judges.

Rehearing in banc Denied April 22, 1996.

OPINION OF THE COURT

ROTH, Circuit Judge:

In this diversity action, we must determine whether the Supreme Court of Pennsylvania would consider certain conduct as falling within the definition of "use or maintenance of a motor vehicle," as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law's ban on subrogation for certain types of insurance benefits, 75 Pa.C.S.A. § 1720. We predict...

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